Northern Border Pipeline Company

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 10/01/1993, Docket: RS92- 67-003, Status: Effective

Original Sheet Number 245 Original Sheet Number 245 : Effective

 

 

GENERAL TERMS AND CONDITIONS

 

 

9. LIABILITY FOR NON-PERFORMANCE (Continued)

 

9.2 Force Majeure

 

Neither Company nor Shipper shall be liable in damages to

the other for any act, omission or circumstance which shall

be caused, in whole or substantial part, by a condition of

force majeure. The term "force majeure" as used herein,

shall mean any acts of God, strikes, lockouts or other labor

disputes or industrial disturbances, acts of the public

enemy, wars, blockades, insurrections, riots, epidemics,

landslides, lightning, earthquakes, fires, hurricanes,

tornadoes, other storms, floods, washouts or other act of

nature, civil disturbances, explosions, breakage, accident

or repairs to machinery or lines of pipe, temporary or

permanent failure of gas supply, inability to obtain or

unavoidable delay in obtaining pipe, materials or other

equipment, acts or binding orders of any court or other

governmental authority whether or not having jurisdiction,

and any other cause, whether similar or dissimilar to any

above enumerated, not reasonably within the control of the

Person claiming relief from liability and which such Person

was or would have been unable to prevent by the exercise of

due diligence. Failure to prevent or settle any strike or

strikes or any dispute leading to a lockout shall not be

considered to be matter within the control of the Person

claiming relief. Force majeure affecting the performance by

either Shipper or Company of any of its obligations under

Shipper's Agreement shall not relieve the Person seeking

relief from liability in respect of any period when the

continuance of its inability to perform such obligations is

due to its failure to use reasonable efforts to remedy the

situation in a reasonable manner and with reasonable

dispatch, nor shall force majeure, regardless of the

circumstances thereof, affect in any way the obligations of

Company or Shipper to make payments under Shipper's

Agreement. The Person claiming relief from liability by

reason of force majeure shall give prompt notice to the

other of the occurrence and cessation of such force majeure.

Nothing contained in this Subsection 9.2 shall in any way

limit or affect any of the provisions of Subsection 9.1

hereof.